II 119THCONGRESS 1 STSESSION S. 1317 To amend the Higher Education Act of 1965 to require additional disclosures relating to gifts and contracts from foreign sources. IN THE SENATE OF THE UNITED STATES APRIL7, 2025 Mr. B ANKS(for himself, Mr. HAWLEY, and Mr. TUBERVILLE) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to require additional disclosures relating to gifts and contracts from foreign sources. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Safeguarding Amer-4 ican Education From Foreign Control Act’’. 5 SEC. 2. DISCLOSURES OF FOREIGN GIFTS. 6 (a) A DDITIONALDISCLOSURESREQUIRED.—Section 7 117 of the Higher Education Act of 1965 (20 U.S.C. 8 1011f) is amended— 9 VerDate Sep 11 2014 00:27 Apr 15, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1317.IS S1317 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 1317 IS (1) by striking subsection (a) and inserting the 1 following: 2 ‘‘(a) D ISCLOSUREREPORT.— 3 ‘‘(1) I N GENERAL.—Whenever any institution is 4 owned or controlled by a foreign source, or receives 5 a gift from or enters into a contract with a foreign 6 source that equals or exceeds the threshold value de-7 scribed in paragraph (2), the institution shall file a 8 disclosure report with the Secretary on January 31 9 or July 31, whichever is sooner. 10 ‘‘(2) T HRESHOLD VALUE .—For purposes of 11 subsection (a), the threshold value of a gift from or 12 contract from a foreign source is— 13 ‘‘(A) in the case of a foreign source that 14 is not associated with a covered nation, 15 $250,000 or more, considered alone or in com-16 bination with all other gifts from or contracts 17 with that foreign source within a calendar year; 18 and 19 ‘‘(B) in the case of a foreign source that 20 is associated with a covered nation, a gift or 21 contract of any value.’’; 22 (2) by redesignating subsections (d) through (h) 23 as subsections (e) through (i), respectively; 24 VerDate Sep 11 2014 00:27 Apr 15, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1317.IS S1317 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 1317 IS (3) by inserting after subsection (c) the fol-1 lowing: 2 ‘‘(d) A DDITIONALSUBMISSIONS.—Not later than 10 3 days after receiving a disclosure report, document, or 4 other record from an institution under this section, the 5 Secretary shall transmit a copy of such report, document, 6 or record to the Director of the Federal Bureau of Inves-7 tigation and the Director of National Intelligence.’’; and 8 (4) in subsection (i), as so redesignated— 9 (A) by redesignating paragraphs (1) 10 through (5) as paragraphs (2) through (6); and 11 (B) by inserting before paragraph (2), as 12 so redesignated, the following: 13 ‘‘(1) the term ‘covered nation’ has the meaning 14 given that term in section 4872(f)(2) of title 10, 15 United States Code;’’. 16 (b) T RANSMITTAL OFRECORDS TOFBI ANDDNI.— 17 Not later than 90 days after the date of enactment of this 18 Act, the Secretary of Education shall transmit to the Di-19 rector of the Federal Bureau of Investigation and the Di-20 rector of National Intelligence— 21 (1) any report, document, or other record re-22 ceived by the Department of Education under sec-23 tion 117 of the Higher Education Act of 1965 (20 24 U.S.C. 1011f), regardless of the date on which the 25 VerDate Sep 11 2014 00:27 Apr 15, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1317.IS S1317 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 1317 IS record was received or the status of the case to 1 which the record pertains; and 2 (2) any report, document, or other record gen-3 erated by the Department of Education in the 4 course of an investigation into the compliance of an 5 institution with such section. 6 Æ VerDate Sep 11 2014 00:27 Apr 15, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1317.IS S1317 ssavage on LAPJG3WLY3PROD with BILLS